Planning commissioners approve DISH wireless facility at Regal Road after RF safety discussion

The Encinitas Planning Commission on Feb. 20 voted 5-0 to approve a new DISH Wireless telecommunications installation at 860 Regal Road, granting a major use permit, design review permit and a coastal development permit after staff and a third‑party consultant said the project complies with Federal Communications Commission (FCC) radio‑frequency standards.

Commissioners opened a technical review of the proposal after Christina Bustamante, the city planner presenting the item, described a design that conceals antennas inside small tower elements at the west corners of an existing self‑storage building and hides ground‑mounted equipment behind a block wall. "The proposed telecommunications facility will operate in full compliance with the standards for radio frequency emissions as adopted by the FCC," Bustamante told the commission during her presentation.

Why it matters: The project sits inside the coastal zone and the city’s scenic visual corridor; commissioners weighed visual concealment and public‑safety implications of radio‑frequency emissions. The commission relied on an independent review of the applicant’s RF study before approving the permits, and it added conditions required by the consultant to address worker safety and public notification.

What the commission heard and decided - Project description: The installation places two camouflage tower elements on the west side of the storage facility (facing Interstate 5), with antennas concealed within the towers and associated ground equipment enclosed behind a block wall finished to match the building. Landscaping is required to screen the facility from the freeway. - Technical review: The city retained Telecom Law Firm P.C. as a third‑party wireless consultant to review the radio‑frequency analysis prepared for the applicant (EBI Consulting). That consultant reviewed coverage maps, emission modeling and equipment siting and concluded the proposed facility complies with FCC limits when operated as modeled and with the conditions recommended in the consultant report. - RF exposure details: Commissioners noted language in the EBI executive summary that was confusing in isolation (an internal figure that read like a very large percentage). Staff clarified the modeling shows a composite exposure of roughly 18.94% of the FCC general‑public limit at ground level while higher values near the antenna element at roof level require access controls. The third‑party review recommended procedures such as powering down transmitters during close‑proximity service work and posting required FCC signage for restricted areas; staff included those recommendations as special conditions of approval.

Commissioner concerns: Several commissioners expressed unease about the technical complexity and the lack of an applicant representative at the hearing. Commissioners said they appreciated the city’s use of an outside consultant and wanted clearer public messaging about safety and site access provisions. Bustamante explained that the city’s wireless code (Encinitas Municipal Code §9.7) requires adherence to FCC standards and that the city relies on technical expertise from retained consultants to confirm compliance, while design and concealment requirements remain local code matters.

Quote: "The consultant reviewed the radio frequency components...and confirmed that the proposed telecommunications facility is in compliance with the FCC requirements," Christina Bustamante, senior planner, said in presenting the staff recommendation.

Formal action: A motion to approve the major use permit, design review permit and coastal development permit for the DISH Wireless facility passed 5‑0. The approval includes the consultant’s recommended conditions: required screening landscape, concealment of antennas, public/worker signage per FCC guidance and a procedure to de‑energize transmissions for close‑proximity maintenance.

What happens next: The approval authorizes the permits described above and imposes the conditions of approval documented in the staff resolution (including the RF‑safety and signage conditions). The project record includes the consultant report and the EBI analysis cited in staff materials.

Notes: The approval does not reflect a city determination about health effects beyond conformance with FCC limits; commissioners noted local authority is limited where federal standards apply. The commission’s action authorizes the permits per the findings and conditions contained in the staff resolution of approval.